TRUCKERS NEWS
NOVEMBER 1994
DAY IN COURT DISAPPOINTS
By Pete Rigney, Field Editor

LAST MONTH I WROTE ABOUT THE TICKET I RECEIVED FOR BEING HIT BY A CAR THAT PASSED ME BY GOING OVER THE DOUBLE YELLOW LINE. EVEN THOUGH I INSISTED I WAS STANDING STILL, WHILE WAITING FOR TRAFFIC TO CLEAR, I WAS CHARGED WITH A MOVING VIOLATION. IT WAS MY FIRST CHARGEABLE ACCIDENT IN 3 MILLION MILES OF DRIVING.

BY THE TIME I HAD RETURNED 1,800 MILES TO NEW JERSEY SEEKING JUSTICE, OUR INVESTIGATION FOUND THE LOCAL WOMAN IN THE OTHER CAR WAS NOT MARRIED TO A POLICEMAN. SO MUCH FOR EARLY RUMORS. MY ONLY WITNESS WENT TO PHILADELPHIA THE WEEK I NEEDED HIM. SO MUCH FOR RELIABILITY. MY ATTORNEY, HAD TO BRING IN ANOTHER ATTORNEY FROM NEW JERSEY, BECAUSE THE COURT WOULD NOT PERMIT AN ATTORNEY FROM ANOTHER STATE TO REPRESENT ME. SO MUCH FOR LOCAL COOPERATION.

I DID EVERYTHING I COULD TO HELP MY SITUATION. I TOOK EXCELLENT PICTURES OF THE SCENE IN LIVING COLOR. I TOOK PICTURES OF MIRRORS AND MY SIDE LIGHTS. I ADVISED MY INSURANCE COMPANY OF EVERY MOVE. I CONFERRED WITH MY ATTORNEY. OFTEN I SPOKE TO CLYDE McCLINTICK IN ARIZONA AT TICKET DEFENSE HEADQUARTERS (800) 331-DFNS (3367).

“IT IS FAR BETTER TO HAVE QUALITY
LEGAL REPRESENTATION
THAN NOT”

WE MEASURED THE WIDTH OF THE STREET. THE DISTANCE TO THE DOUBLE YELLOW LINES. NOTHING WAS LEFT TO CHANCE. I DREW SCALE DRAWING ON GRAPH PAPER. I HAD MY HAIR CUT AND MY SUIT PRESSED. I PRAYED FOR JUSTICE. THE OTHER DRIVER DID NOT APPEAR. THE POLICE OFFICER DID. WE ALL KNEW, IF PUSH CAME TO SHOVE, WITHOUT MY WITNESS OR HARD EVIDENCE TO THE CONTRARY, THE “JUDGE” WOULD BELIEVE THE COP. THAT IS THE SHORT VERSION OF A JUDICIAL SYSTEM NOT NECESSARILY DESIGNED FOR JUSTICE AS MUCH AS IT AS DESIGNED FOR EFFECTIVENESS, EXPEDIENCY AND EFFICIENCY.

MY TWO ATTORNEYS TALKED TO THE PROSECUTOR AND THE COP. UNDER THE ORIGINAL CHARGE, I WAS TOLD I COULD RECEIVE A BIG FINE AND HAVE HAD MY LICENSE SUSPENDED. THE COP WOULD AGREE TO A DEAL FOR TWO POINTS AND A DIFFERENT PLEA.. ALSO DECENT, BUT HARD TO SWALLOW WHEN YOU BELIEVE YOU ARE INNOCENT. I WOULDN’T BUY IT.

ANOTHER TWO POINTS DEAL WAS OFFERED. I WOULDN’T BUY THAT ONE EITHER. I WAITED OUTSIDE IN THE HALL FOR MY ATTORNEYS.

THE ATTORNEYS REAPPEARED WITH A BORROWED EDITION OF THE NEW JERSEY TRAFFIC VIOLATION’S DIRECTORY. THEY HAD BEEN INSTRUCTED TO PICK SOMETHING I WOULD AGREE TO. I AGREED TO STATUTE 39:4-135, NOT PARKING PARALLEL TO THE CURB. NO POINTS AND A $42 FINE, AND NO CIVIL PROSECUTION FROM THE OTHER PARTY INVOLVED IN THE FENDER BENDER.

THE REST OF THIS CHARADE WAS MECHANICAL. FORMS WERE FILLED OUT. PAPERS WERE SHUFFLED BACK AND FORTH. MUTED WORDS WERE PASSED BETWEEN JUDGE AND ATTORNEY. THE TICKET WAS AMENDED. I WROTE A CHECK FOR THE COURT CLERK AND ANOTHER TO MY ATTORNEY. THE JUDGE ASKED ME IF I UNDERSTOOD THE CHARGE. FOR THE RECORD, I TOLD HIM I DID. I COULD GO HOME.

AS I UNDERSTAND N.J. STATUTE 39:4-135, A DRIVER CAN LEAVE THE CURB WITH A 40-FOOT, 24-TON VEHICLE; AND WHILE PULLING OUT FOR THE NECESSARY CLEARANCE, THE PERSON IN THE BIG RIG, (THAT’S YOU OR ME) WHETHER MOVING OR STANDING STILL, IF HIT BY ANOTHER PARTY, IS GUILTY. THAT’S BECAUSE THE BIG RIG, AT THAT MOMENT, WASN’T PARALLEL TO THE CURB.

AFTERWARDS, I CALLED CLYDE McCLINTICK FROM THE COURTHOUSE. HE WOULD BE ANXIOUS TO HEAR THE RESULTS OF OUR EFFORTS. HE WOULD HAVE LIKED A COMPLETE VICTORY AS MUCH AS I, BUT WITH AN UNYIELDING COP, AND WITHOUT A WITNESS, WE KNEW IT IMPOSSIBLE TO BEAT A SYSTEM AS CORRUPT AS THIS ONE. McCLINTICK AND I AGREED I WAS IN BETTER SHAPE AFTER THE TRIAL THAN I WAS BEFORE THE TRIAL.

WHAT DID WE LEARN FROM ALL OF THIS? WE LEARNED IT IS FAR BETTER TO HAVE QUALITY LEGAL REPRESENTATION THAN NOT. I MIGHT HAVE REPRESENTED MYSELF WELL IN COURT, OR IN THE PLEA BARGAINING, BUT I WOULD NOT HAVE THOUGHT ABOUT ADDING ON THE CLAUSE REGARDING A CIVIL SUIT. I WOULD NOT HAVE BEEN ABLE TO FIND A SUITABLE PLEA IN A FEW MINUTES, AS DID MY ATTORNEYS.

"CALLING TICKET DEFENSE IN MY CASE, WAS AN EXCELLENT IDEA.
I SAVED SOME BIG BUCKS BY DOING SO. I KEPT MY DRIVING RECORD INTACT. I HOPE I HAVE MADE MY INSURANCE COMPANY HAPPY."

TAKING PICTURES AT THE SCENE OF THE ACCIDENT, BEFORE THE COP HAD US MOVE, WOULD HAVE BEEN A GOOD IDEA. TAPE RECORDING THE COP AT THE SCENE OF THE ACCIDENT WOULD HAVE BEEN ANOTHER GOOD IDEA. I NEVER THOUGHT THOSE DEVICES WOULD BE NECESSARY. WHEN THIS ALL HAPPENED I STILL BELIEVED IN A JUDICIAL SYSTEM AND IN TELLING THE TRUTH.

WHEN I WAS SMALL THEY TOLD ME, “GEORGE WASHINGTON NEVER TOLD A LIE.” TIMES HAVE CHANGED. LITTLE WASHINGTON IS JUST LIKE BIG WASHINGTON. THEY CAN SAY AND DO ANYTHING THEY WANT TO, AND THEY WILL GET AWAY WITH IT IF YOU LET THEM. WHAT DID I LEARN? DON’T ROLL OVER AND PAY THE FINE. IF YOU FEEL YOU ARE RIGHT, FIGHT BACK! ABOVE ALL, BUY A CAMCORDER, FRESH BATTERIES AND FILM, AND KEEP IT AT THE READY.

I’M GLAD THERE’S A GUY OUT THERE WITH A NAME THAT SOUNDS LIKE A TEXAS RANGER. CLYDE McCLINTICK STILL BELIEVES WE ALL DESERVE A FAIR TRIAL, EVEN IF THE SYSTEM SOMETIMES SEEMS TO DISAGREE. THE POLICEMAN WHO LIES WILL HAVE TO LIVE WITH HIS SHAME. THE COURT SYSTEM THAT SUPPORTS THE COP WHO LIES WILL HAVE TO LIVE WITH ITS SHAME. LIFE GOES ON. CALL CLYDE AT (888) 331-DFNS (3367) IF YOU NEED HIM. HE’S A GOOD MAN TO KNOW AFTER THE SMOKE CLEARS.